29 Sep Driver and Ministry share $1.1 million responsibility for B.C. pedestrian’s injuries

We’ve been working on this case for a few years, and we’re pleased that our client, Selina Meghji, will soon be compensated for the grievous injuries she sustained after being hit by a car.

As reported in this August 17, 2011 Vancouver Sun article:

B.C. Supreme Court Justice Robert Johnston found that driver Jamin Lee and the Ministry of Transportation and Highways breached the duty of care they owed Selina Meghji.

After an intermittent trial over the span of two years, B.C. Supreme Court Justice Robert Johnston found that driver Jamin Lee and the Ministry of Transportation and Highways breached the duty of care they owed Selina Meghji.

 [intlink id=”27″ type=”page”]Deborah Acheson, QC[/intlink], [intlink id=”31″ type=”page”]Sean Sweeney[/intlink], and [intlink id=”33″ type=”page”]Natalie Foley[/intlink] teamed up to work on the case and dug for the details that proved the driver’s culpability:

Court heard that Lee had somewhat blurry vision in his left eye due to cataract surgery. He was on antidepressants and medication to help him sleep. He had a “few tokes” of marijuana that morning and was withdrawing from the effects of using crystal meth. Lee’s car had a leak in the windshield that allowed condensation to form.

These facts were enough to help Justice Johnston reach his decision:

He ordered the defendants to pay general damages of $125,000; special damages of $25,212; future care costs of $150,000; $100,000 for past loss of earning capacity and $750,000 for loss of future earning capacity.

While it isn’t certain these amounts properly compensate Meghji for her suffering, the onetime future nursing student will at least be better able to face her ongoing medical expenses.

We are pleased that the Ministry shares part of the responsibility:

The judge also found poor lighting installed by the Ministry at the intersection contributed 10 per cent to the accident.

We hope this decision will spur the Ministry to review its lighting standards to help prevent accidents that caused the kinds of injuries Meghji suffered.

Read the full judgment in Meghji v. Lee 2011 BCSC. 1108[http://www.courts.gov.bc.ca/jdb-txt/SC/11/11/2011BCSC1108.htm]

 

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References to successful case results where the lawyers at Acheson Whitley Sweeney Foley have acted for clients are not necessarily a guarantee or indicative of future results. The outcome of every legal proceeding will vary according to the facts in each individual case.